# Annex D – Provider Switching, Data Export and Contract Winding-Up

**Version 0.1 · 24 September 2026 · DRAFT – NOT APPROVED**

> As a precaution, this Annex treats Brixovo as a data processing service within the meaning of the Data Act switching rules. It is a contractual target rule, not evidence of existing export functions. The directories in clause 5 and the online addresses still to be specified must be completed and technically verified before contract formation. Self-hosting another service is not equivalent to delivery of Brixovo's source code.

## 1. Applicability and Customer Options

1.1 This Annex governs the Tenant's switch to another provider of the same type of data processing service, transfer to its own ICT infrastructure, or request to delete exportable data and digital assets at the end of the contract. It must be provided before contract formation in a form that can be saved and reproduced.

1.2 The Tenant may request the desired measure in text form via **[APPROVAL: contract contact]**. Brixovo verifies authority in an appropriate manner. The request must specify the contract concerned, the desired scope and, in the case of switching, the necessary details of the destination provider or infrastructure. There is no obligation to use only a particular paid migration partner.

1.3 Mandatory statutory switching, data handover, deletion and consumer rights remain unaffected. The provisions of this Annex take precedence over conflicting ordinary contract term provisions. The winding-up of other, genuinely independent services is governed by the respective contract; artificial bundling must not frustrate switching rights.

## 2. Start and Duration

2.1 **Contract proposal D-06:** The notice period before the start of the switching process is one month from receipt of the switching request. At the Tenant's request and where possible, the parties agree on an earlier start. It must in no event exceed two months.

2.2 After the notice period, switching takes place without undue delay within a transitional period of, as a rule, no more than 30 calendar days. Brixovo provides reasonable assistance to the Tenant and third parties authorised by it, and provides the information necessary for exit planning. The service contract remains applicable during the transitional period. Brixovo continues to provide the contractually owed functions and services and acts with due care to maintain business continuity. Brixovo provides clear and timely information on known risks to continuity.

2.3 If the regular transitional period is technically unfeasible, Brixovo informs the Tenant within 14 working days of the switching request, gives specific reasons for the technical unfeasibility and specifies an alternative transitional period of no more than seven months. A mere organisational bottleneck or an unsubstantiated assertion does not justify automatic extension. Continuity of the agreed services must also be ensured during the alternative transitional period.

2.4 The Tenant may extend the transitional period once by a period more appropriate for its purposes. The parties coordinate implementation and inform each other of necessary cooperation and identifiable risks without making statutory switching rights dependent on additional waivers.

2.5 A high level of security must be ensured throughout switching and the subsequent retrieval phase. Data may be transferred only to authorised recipients. Data of other Tenants, active passwords and non-transferable permissions must be protected; necessary secure reconnections are explained.

## 3. End of Contract, Retrieval and Deletion

3.1 In the case of switching, the service contract concerned is deemed terminated upon successful completion of the switching process. Brixovo confirms termination. Termination is not postponed until the end of a minimum term extending beyond that point.

3.2 If the Tenant does not wish to switch but instead wishes its exportable data and digital assets to be deleted at the end of the contract, the contract concerned ends upon expiry of the notice period. Return or deletion required under data protection law must be coordinated with the authorised instruction.

3.3 After the end of the agreed transitional period, an additional period of at least 30 calendar days is available for data retrieval. A later retrieval deadline may be agreed. During this phase, secure access for winding-up and data retrieval is available, but there is no automatic entitlement to the entire previous scope of production services free of charge.

3.4 After successful switching and expiry of the retrieval period or an agreed later period, Brixovo completely deletes the exportable data and digital assets directly concerning the customer, subject to specifically applicable statutory retention obligations. Contractual or billing records that must be retained by law must be separated from Tenant content no longer needed and used only for the permitted purpose.

3.5 The timing and technical implementation of deletion, including backup copies, are specified in the DPA and deletion concept. Backup copies must not continue to be used as permanent shadow archives. Following restoration, deletions and access restrictions that previously took effect must be reimplemented. Unlimited continued retention of all content “for evidentiary purposes” is not agreed.

## 4. Costs and Interoperability

4.1 **Contract proposal D-06:** Brixovo does not charge any special switching fees for standard switching required by law, including before the statutory complete abolition of such fees. The agreed pro rata regular fees apply to the ongoing service actually owed up to the effective end of the contract. Unused advance payments for the period after the end of the contract are refunded pro rata. No additional early termination or remaining-term fee is agreed for this switch.

4.2 Individual consulting or adaptation services requested beyond the assistance owed by law may be charged only on the basis of a separate transparent offer. Interfaces and switching services that must be provided free of charge by law must not be relabelled as additional consulting.

4.3 Brixovo provides the open interfaces and information necessary for switching free of charge and on equal terms to the extent required by law. Where no applicable common specifications or harmonised interoperability standards exist, export is provided upon request in a structured, commonly used and machine-readable format.

4.4 This Annex does not require the transfer of third-party rights, disclosure of protected source code or development of an identical competing product. Identical AI response quality or functionality of another SaaS service is not promised. These limits must not prevent or delay the switching and handover of exportable data actually owed.

## 5. Data and Format Directory

**Draft inventory; cross-check against the complete data model actually offered before incorporation. A format that does not exist must not be advertised as available.**

| Category | Scope of the intended export | Format/procedure to be determined before approval |
|---|---|---|
| Tenant, Subtenants, Users, roles | Master data, settings, assignments and role definitions provided by the customer; reviewed for data protection and permissions | JSON/CSV with documented relationships; secure reactivation of accounts |
| Knowledge bases and documents | Original files, customer-owned metadata, assignments, processing status | Original files and JSON/CSV; incompletely processed sources identified |
| Derived search data | Customer-specific extracted texts, chunks, assignments and existing exportable embeddings | Structured export; model/dimension details and limits on technical reusability |
| Sources and synchronisation | Source configuration, customer-specific mappings, external IDs, lawfully exportable synchronised data | JSON/CSV; handle recipient keys securely and separately |
| Chat and widgets | Conversations, responses, configurations, visibility and approval data still available and lawfully to be handed over | JSON/CSV; observe individuals' rights and expired deletion deadlines |
| Pages, media and domains | Customer-side page documents, revisions, media, branding, domain assignments and customer-owned content | Versioned JSON structure, original media; explain domain transfer and renderer limits |
| Contact enquiries and leads | Collected inputs still lawfully stored, including necessary evidence | CSV/JSON, only to the authorised controller |
| Automation and integrations | Customer-owned workflows, templates, settings, approvals, execution and result data still stored | Versioned JSON; no secrets in plaintext dumps, reauthorise permissions |
| Statistics and evaluation | Customer-specific measurement data, evaluation data and results still available | CSV/JSON; distinguish measurement data from billing data |
| Contracts and billing | Own contract versions, orders, own documents and payment histories | Documents and structured references; separate merchant accounts, no third-party Stripe data |
| Security/administration records | Events, access and deletion logs concerning the customer that may lawfully be handed over | Minimised JSON/CSV; protect third parties and system security |

5.1 Only the following non-customer-specific internal data and protected assets are excluded, to the extent that their handover would infringe rights, trade secrets or security and the exclusion does not prevent switching: Brixovo source code, general model weights and third-party model licences, platform-wide internal security and operational data, data of other customers, and exclusively internal provider metrics without a customer connection.

5.2 Customer-specific chunks, content and usage data are not excluded solely because Brixovo has technically processed them. The Tenant's secrets are not excluded from switching across the board; a distinction must be made between information that can be securely returned and permissions that must be newly issued by the destination provider. Switching does not enable access to Stripe PANs or third-party payment data.

5.3 The current online directory of available data structures, formats, interfaces, standards and known switching limits is located at **[APPROVAL: specific published URL]**. This address must be accessible before contract formation.

## 6. International Access and Infrastructure

6.1 Information on the jurisdiction governing the ICT infrastructure used and a general description of technical, organisational and contractual measures against international governmental access contrary to EU law to non-personal data stored in the Union are published and kept up to date at **[APPROVAL: specific transparency URL]**.

6.2 The processing of personal data and any transfers to third countries are additionally governed by the DPA and the approved service provider and transfer details. No blanket guarantee is given that an EU data centre excludes every instance of access from a third country.

## 7. Subtenants

7.1 When switching, the Tenant takes its own end-customer contracts into account and may have data exported or transferred only within the scope of its authority. A complete Tenant database is not automatically a permissible consumer data export.

7.2 To the extent that the Tenant is itself a provider of a data processing service to its end customers, it must fulfil its own applicable switching and handover obligations. Brixovo assists it to the extent owed; this Annex does not conclude the end-customer contract on its behalf.